G. O 17.01 Court Procedures Flashcards
Who has the sole responsibility for case preparation and presentation in most misdemeanor and traffic offenses?
The arresting officer
Officers shall notify their first line supervisor within 24 hours of what?
- setting any court date other than their assigned court date
- receiving subpoenas for court dates other than their assigned dates
What is the maximum amount of traffic cases allowed per officer in one court date?
100 cases
What is the maximum amount of criminal cases allowed per officer in one court date?
20 cases
If an officer has more than the maximum amount of cases, when shall they schedule them?
An alternate date with the same month (secondary date), or if available, a date within the 5th week of the month
What do you do if you can’t make court?
Notify an on duty supervisor PRIOR to contacting the court Liasion
If you can’t make court, what must the on duty supervisor document?
If it’s approved or no approved
Document the date, reason, and request continuance dates
Provide a Copy of this information to the officers first line supervisor
Documented and kept in a log
What will the court Liasion do after being notified of missed court?
Fill out a blueteam for missed court and forward the blueteam to IA
Once a misdemeanor, felony, or traffic offense has been appealed, who’s duty is it to pervade and prosecute it in circuit court?
Commonwealths
Should any member elect to provide expert witness testimony in a case where they had no official involvement, the testimony shall only occur:
- as a civilian in an off duty status
- when they are not in a department uniform
- after PD&T and the city attorneys office determines that it would not present a conflict of interest for the member
When can officers request a dismissal or nolle prosequi?
- after the officer obtains supervisory authorization and
- the defendant appears in court at the prescribed date and time
Officers may request a dismissal for traffic infractions only if:
- an accident was not involved
- the defendant appears in court at the prescribed time and provides documentation that the violation has been corrected
Officers may not dismiss any charges without the defendants presence in court at the time of the motion except in what cases?
- where the summons or arrest was due to an error by a law enforcement officer
- a genuine injustice would result from requiring the citizen to appear in court
If an officer requests to dismiss or nolle prosequi a case and it’s approved by a judge, what’s must then be done?
Officer Will complete a memo outlining the justification doe the decision and the names of the supervisor and authorizing personnel.
Memo will then be sent to the commanding officer of the officer who had the charges dismissed
If an officer requests help from a CWA, what procedure shall apply?
- officers shall submit a request for prosecution assistance (PD-70)
- within 3 days of the arrest, arresting officer shall submit required paperwork to their supervisor
- supervisor shall review the paperwork and ensure it’s forwarded to CWA
- delivery of completed case file for CWA MUST occur within 10 days of the arrest
